Breaking down the Dodd-Frank Act, Whistleblower Protections + speaking out against Corporate Fraud
Outten & Golden LLP partner Tammy Marzigliano discusses Dodd-Frank Act: employee protections in reporting corporate fraud, securities violations
What to know and Tammy's tips:
Coverage under Dodd-Frank Act Section 922h:
- All employees are covered - private and public companies
Reporting violations:
WHERE: To receive protection for anti-retaliation, the employee must report direction to the SEC. No protection for internal complaints (under this provision).
TYPE OF REPORT: Employee must have at least a good faith belief that there is a securities violation. It doesn't have to be right, but they must believe a securities violation occurred.
Timing for filing anti-retaliation (how long do you have)
- You can file in federal court within 6 years of the retaliatory conduct. OR within 3 years of when the employee knew (or should have known) about the retaliatory conduct.
- You CANNOT exceed 10 years from the date of the violation.
- Employees have a right to a jury trial in federal district court.
Remedies:
- Double damages allowed
- Reinstatement to same position with the same seniority.
- Litigation costs (including attorney fees and expert report fees).
Note: These are independent from the potential money employees could be entitled to under the act.
Learn more about Tammy Marzigliano: https://www.outtengolden.com/lawyer-attorney/tammy-marzigliano
Learn more about Whistleblower protections and how Outten & Golden can help you: https://www.outtengolden.com/practice-groups/whistleblower-retaliation
https://www.outtengolden.com
Видео Breaking down the Dodd-Frank Act, Whistleblower Protections + speaking out against Corporate Fraud канала Outten & Golden LLP
What to know and Tammy's tips:
Coverage under Dodd-Frank Act Section 922h:
- All employees are covered - private and public companies
Reporting violations:
WHERE: To receive protection for anti-retaliation, the employee must report direction to the SEC. No protection for internal complaints (under this provision).
TYPE OF REPORT: Employee must have at least a good faith belief that there is a securities violation. It doesn't have to be right, but they must believe a securities violation occurred.
Timing for filing anti-retaliation (how long do you have)
- You can file in federal court within 6 years of the retaliatory conduct. OR within 3 years of when the employee knew (or should have known) about the retaliatory conduct.
- You CANNOT exceed 10 years from the date of the violation.
- Employees have a right to a jury trial in federal district court.
Remedies:
- Double damages allowed
- Reinstatement to same position with the same seniority.
- Litigation costs (including attorney fees and expert report fees).
Note: These are independent from the potential money employees could be entitled to under the act.
Learn more about Tammy Marzigliano: https://www.outtengolden.com/lawyer-attorney/tammy-marzigliano
Learn more about Whistleblower protections and how Outten & Golden can help you: https://www.outtengolden.com/practice-groups/whistleblower-retaliation
https://www.outtengolden.com
Видео Breaking down the Dodd-Frank Act, Whistleblower Protections + speaking out against Corporate Fraud канала Outten & Golden LLP
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